The DVLA Drink Driving Medical

THe High Risk Offender Scheme (HRO)

May of 1983 saw the HRO (high risk offenders) scheme being introduced. High risk offenders are drivers who are convicted of repeated and/or serious drink driving offences. In June 1990 the high risk offender scheme was extended.

High Risk Offenders are drivers who:

1. Have been disqualified by order of a court upon conviction of either:
   • driving or attempting to drive with excess alcohol (DR10), or
   • being in charge of a vehicle while unfit through drink (DR50);
   While being over two and a half times the legal drink driving limit with a blood alcohol concentration that equalled or exceeded:
   
   • 87.5 microgrammes per 100 millilitres of breath, or
   • 200 milligrammes per 100 millilitres of blood, or
   • 267.5 milligrammes per 100 millilitres of urine; OR


2. Have been disqualified by order of a court for failing, without reasonable excuse, to provide a specimen for analysis when ordered to do so while either:
   • driving or attempting to drive (DR30), or
   • being in charge or a vehicle (DR60);
   Pursuant to section 7 of The Road Traffic Act (refusing/failing to supply an evidential breath, blood or urine sample); OR


3. Have been disqualified by order of a court on two or more occasions within a period of 10 years for either:
   • driving or attempting to drive with alcohol concentration exceeding the legal limit (DR10), or
   • driving or attempting to drive while unfit through drink (DR20), or
   • being in charge of a vehicle with alcohol concentration exceeding the legal limit (DR40), or
   • being in charge of a vehicle while unfit through drink (DR50);

Courts do not automatically inform a person that they are a high risk offender.

How to get your licence back if you are a 'High Risk Offender'

Under the high risk offenders scheme, those drivers who have been convicted of any of the offences above will require satisfactory medical reports from own doctor(s) and may require independent medical examination and blood tests, arranged by DVLA. Satisfactory medical reports will need to be obtained before a drivers licence is re-instated under this scheme. The DVLA will notify offenders covered by this scheme and inform them of what they need to do in order to successfully apply for the return of their driving licence. There will be a fee to pay for the return of the driving licence and a separate fee to pay for the necessary medical examination.

The DVLA DRINK DRIVING Medical

The DVLA should contact any driver who is covered by the high risk offender scheme approximately two to three months before their driving disqualification ends to inform them of all necessary steps to be taken and how to arrange the medical examination.

The Medical Examination

The medical examination is designed to assess a drivers overall fitness to drive, with a focus on any past or present alcohol abuse or misuse problems. High risk offenders will be required to provide a sample of blood, a urine sample and undergo a brief physical medical examination including an eye test. The doctor will also perform a medical interview which will involve a series of questions that the high risk offender must answer.

Blood Sample Testing

GGT (Gamma GT) - Gamma-glutamyl transferase
An enzyme from the liver that can be found in excess in the blood of heavy drinkers. Chronic drinking of 4 or more drinks per day for 4 to 8 weeks significantly raises levels of the blood protein. If a person stops drinking for 4-5 weeks, then the levels of GGT should decrease to normal levels. The test is seen as having low sensitivity and moderate specificity for alcohol use.

MCV (Mean Cell Volume) - Increased red blood cell size
A good indicator of someone having recently ingested alcohol is the "mean corpuscular volume" of the red blood cells. If the person has recently had alcohol to drink, the cells become large, so the MCV is high, usually 100 or more. This happens as a result of several factors: direct effect on the red blood cell membrane, vitamin deficiencies i.e. folate or direct effect on the bone marrow.

ALT - Alanine aminotransferase & AST - Aspartarte aminotransferase
Used to indicate the degree of inflammation to the liver. The aminotransferases are enzymes that are present in the liver cells (hepatocytes). They leak into the blood stream when the liver cells are damaged.

DVLA Medical Examination Results

If there is evidence of persistent alcohol misuse within the past 6 months or alcohol dependency within the past 12 months or there is evidence of current ongoing alcohol misuse or dependency then a high risk offenders application for a driving licence will be refused.

Abnormalities in blood parameters

If any abnormalities are present then all relevant medical documents and test results will be passed onto the necessary qualified DVLA medical advisors for further assessment and review. Further information may then be requested from the high risk offenders GP and/or expert advice from relevant medical experts may be sought. If two or more of the blood test results are significantly higher than the acceptable laboratory reference range used by the DVLA then in the absence of liver disease or any relevant medication the high risk offender may be taking, the abnormalities will be considered to be caused by excessive alcohol intake/misuse and/or alcohol dependency. The driving licence application will then be refused.

Driving licence refusal due to alcohol dependence or misuse

If the driving licence application is refused then the high risk offender will be informed what they must do and any relevant time period before a driving licence may be issued. If the refusal was due to alcohol misuse then a minimum period of six months controlled drinking or abstinence must be attained alongside normalisation of blood parameters. If the refusal was due to alcohol dependence then a one year period free of alcohol problems must be attained and abstinence will normally be required alongside normalisation of blood parameters, if relevant.

Driving licence restoration after refusal

If a driving licence has been refused due to alcohol dependence or misuse then satisfactory medical reports from the high risk offenders own doctor(s) will be required and another DVLA medical may have to be undertaken.

Temporary driving licence

In certain circumstances a temporary one, two or three year driving licence may be issued. This usually happens when alcohol dependency or misuse is uncertain and cannot be corroborated and/or where a high risk offender has a previous history of alcohol dependency or persistent alcohol misuse, but has satisfactory examination and blood tests. If this is the case then the high risk offender will have to submit to another DVLA medical examination after a one, two or three year period.

The responsibility for making the decision about whether or not a person should continue to drive is that of the Driver and Vehicle Licensing Agency (DVLA), with the doctor(s) acting only as a source of information and advice.

High risk offenders right to appeal

A high risk offender has the right to appeal to a magistrates court or to a sheriff court if they live in Scotland about any decision to withhold or revoke their driving licence by the DVLA. In order to make a successful appeal they will need to instruct a solicitor who is familiar with the necessary procedures. An appeal must be made within 6 months of the decision being made by the DVLA.

Discuss the DVLA medical in our forum

How will I know if I need to go for a medical?

The DVLA will write to you and inform you if you need to go for a medical shortly after your court case and subsequent conviction and driving disqualification. They should also write to you approximately 90 days before your driving disqualification is due to end with all necessary information regarding re-applying for your driving licence and arranging the medical.

If you do not receive notification by the DVLA which is often the case if you have completed the Drink Driving Rehabilitation Course or you have changed address, simply request a 'D1 Pack - Application for a driving licence for a car, moped or motorcycle' either online from the DVLA or at your local post office. You can re-apply for your driving licence up to 56 days before your disqualification is due to end.

Once you have received your D1 pack, fill it out as instructed and return it to the DVLA along with the appropriate fee, they will then make the necessary arrangements and contact you regarding your medical.

Do I have to pay for the medical?

Yes. You will have to cover the cost of the medical. In addition to this, you will need to pay the application fee for a new driving licence.

How long will the medical take?

The medical examination should take approximately thirty minutes or so to complete.

How long will it take to get the results of my medical?

If the DVLA can make a decision based on the information provided including all relevant medical results they aim to make a decision on most cases within 15 working days.

If they need to investigate further and require more information from their medical advisors or your GP then they aim to make a decision on most cases within 90 working days.

This will be in addition to the time it takes for blood samples to be sent for testing and analysis which should take no longer than a week or so.

Can i drive while awaiting a decision from the DVLA?

You MUST contact the DVLA to ascertain your legal entitlement to drive if you do not currently have a valid & up to date drivers licence in your possession.

Section 88 of The Road Traffic Act 1988 allows certain drivers to legally drive if they are not currently subject to a driving disqualification and a qualifying drivers licence application has been received by the DVLA.

Because the DVLA are unable to make a licensing decision until all available and relevant medical information has been considered, drivers may retain legal entitlement to drive under section 88 of The Road Traffic Act 1988 while their fitness to drive is being determined.

Where a driving licence has been revoked previously for medical reasons then Section 88 of the Road Traffic Act 1988 entitlement does not apply. It may also not apply under other circumstances.

IMPORTANT - PLEASE READ

In order to ascertain legal entitlement to drive and to check the DVLA has received a valid drivers licence application you MUST contact the DVLA directly.

If you do not have a current, up to date and valid driving licence in your possession then it is imperative you contact the DVLA to avoid further offences being committed.